Phoenix Solutions Inc v. Sony Electronics Inc

Filing 153

STIPULATION AND ORDER resetting 136 MOTION for Summary Judgment, 143 MOTION for Summary Judgment reset from 10/20/2008 to 12/1/2008 02:00 PM; Signed by Judge Marilyn Hall Patel on 9/23/2008. (awb, COURT-STAFF) (Filed on 9/23/2008)

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DAN D. DAVISON (pro hac vice) MICHAEL B. REGITZ (pro hac vice) FULBRIGHT & JAWORSKI L.L.P. 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-2784 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] JOHN A. O'MALLEY (Bar No. 101181) JOSHUA D. LICHTMAN (Bar No. 176143) BRANDON FERNALD (Bar No. 222429) FULBRIGHT & JAWORSKI L.L.P. 555 South Flower Street Forty-First Floor Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Third-Party Defendant, INTERVOICE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (San Francisco Division) PHOENIX SOLUTIONS, INC., a California corporation, Plaintiff, v. SONY ELECTRONICS INC., a Delaware corporation, Defendant. SONY ELECTRONICS INC., a Delaware corporation, Third-Party Plaintiff, v. INTERVOICE, INC., a Texas corporation, Third-Party Defendant.
65211864.1 STIPULATED REQUEST TO CHANGE MOTION HEARING DATE ­ CASE NO. C07-2112 MHP

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Case No. C07-2112 MHP

STIPULATED REQUEST FOR ORDER TO CHANGE MOTION HEARING DATE

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Third-Party Defendant Intervoice, Inc. ("Intervoice") and Third-Party Plaintiff Sony Electronics, Inc. ("SEL") respectfully request that the Court move the currently scheduled motion hearing date from October 20, 2008 to October 27, 2008, or to the earliest available setting after October 27, 2008, if that date is unavailable. The hearing at issue is currently set for 2:00 p.m. on October 20, 2008. The reason that this request for change of the motion hearing date is being made is due to a recent family commitment of lead counsel for Intervoice that conflicts with the currently scheduled motion hearing. The parties have agreed that they will continue to meet the briefing deadlines set by the Court. The October 20, 2008 motion hearing was set by the Court on June 2, 2008 (Docket Entry No. 130) and the briefing schedule was later amended pursuant to a stipulated request of the parties on August 5, 2008 (Docket Entry No. 133), but the hearing date itself was left unchanged. Since no scheduling order has been entered in this case, a short postponement of the hearing will have no effect on the schedule of the case. Pursuant to Civil L.R. 6-1(b), because this stipulated request affects a hearing, it is being filed at least 10 days before the currently scheduled October 20, 2008 hearing. For the foregoing reasons, Intervoice and SEL jointly request that the currently scheduled motion hearing be reset to October 27, 2008, or alternatively, to the earliest available setting after October 27, 2008, if that date is unavailable.

SO STIPULATED.

65211864.1 STIPULATED REQUEST TO CHANGE MOTION HEARING DATE ­ CASE NO. C07-2112 MHP

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Dated: September 22, 2008

Respectfully submitted, FULBRIGHT & JAWORSKI L.L.P. By: /s/ Dan D. Davison _________________ Dan D. Davison (pro hac vice) Michael B. Regitz (pro hac vice) 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 Tel: [phone] Fax: [phone] John A. O'Malley Joshua D. Lichtman Brandon Fernald 555 South Flower Street Forty-First Floor Los Angeles, California 90071 Tel: [phone] Fax: [phone] Attorneys for Third-Party Defendant, INTERVOICE, INC. KENYON & KENYON LLP By: /s/ Michelle Mancino Marsh Michelle Mancino Marsh (pro hac vice) KENYON & KENYON LLP One Broadway New York, New York 10004-1050 Tel: [phone] Fax: [phone] Victor J. Castellucci (CA SBN 203303) KENYON & KENYON LLP 333 W. San Carlos Street, Suite 600 San Jose, CA 95110-2731 Tel: [phone] Fax: [phone] Attorneys for Third-Party Plaintiff, SONY ELECTRONICS INC.

65211864.1 STIPULATED REQUEST TO CHANGE MOTION HEARING DATE ­ CASE NO. C07-2112 MHP

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was filed electronically in compliance with Civil Local Rule 5-4 and General Order No. 45. As such, this document was served on all counsel who are deemed to have consented to electronic service per Civil Local Rule 5-5 and General Order No. 45 on September 22, 2008. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 22, 2008. /s/ Dan D. Davison Dan D. Davison

65211864.1 STIPULATED REQUEST TO CHANGE MOTION HEARING DATE ­ CASE NO. C07-2112 MHP

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Pursuant to General Order 45.X(B), I hereby attest that concurrence in the filing of this Joint Stipulation has been obtained from Michelle Mancino Marsh, counsel for Third-Party Plaintiff Sony Electronics Inc. Executed on September 22, 2008. /s/ Dan D. Davison Dan D. Davison

65211864.1 STIPULATED REQUEST TO CHANGE MOTION HEARING DATE ­ CASE NO. C07-2112 MHP

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ORDER Based on the foregoing stipulation of the parties and the facts set forth therein, the Court finds good cause for entry of the Order requested by the parties. PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the date for the motion hearing date in this case is changed from October 20, 2008, at 2:00 pm, to December 1 2:00 ______________ 2008, at ______ a.m./p.m.

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